Ronald Bailey | October 24, 2006
According to the Associated Press, the United Nations' special rapporteur on torture reports that other countries are now pointing to the United States when they are criticized for their treatment of prisoners. To wit:
Manfred Nowak, the U.N. special investigator on torture, said that when he criticizes governments for their questionable treatment of detainees, they respond by telling him that that if the United States does something, it must be all right. He would not name any countries except for Jordan.
"The United States has been the pioneer, if you wish, of human rights and is a country that has a high reputation in the world," Nowak told reporters. "Today, many other governments are kind of saying, 'But why are you criticizing us, we are not doing something different than what the United States is doing.'"
This sadly predictable outcome reported here.
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"The United States has a greater responsiblity to uphold
international standards for it's prisoners so other nations do not
use it as an excuse to justify their own behavior."
Precisely. The whole world is watching us, we need to hold the
moral high-ground and prohibit the torture and degradation of our
wards.
Sure, like nobody was torturing prisoners and violating human
rights when Carter was the President.
Anyone who thinks an authoritarian regime anywhere ever said or
will ever say "Gosh, we'd like to torture our dissidents, but the
US has set such a fine example with its adherence to due process
that we just can't bring ourselves to do it after all" is
completely effing delusional.
When Jordan's idea of torture is to manipulate the air conditioning instead of the electrical current applied to their prisoners, then they can play the "tu quoque" card.
During the Cold War, our ability to call out the Soviets and
their clients for the torture and secret police was a powerful
weapon in the struggle for public opinion.
It also allowed rights groups to apply pressure to Communist
regimes.
Not so much anymore.
Abdul, you do know that we've been sending people to Jordan (and
Syria, and Egypt) to be tortured, right?
As long as we continue those extraordinary renditions, "their" idea
of torture is "our" idea of torture.
Joe,
Where are we supposed to send Jordanian nationals who are wanted
for crimes committed in their home countries? Scarsdale? Why are we
blamed for how Jordan treats their prisoners?
If we know, or have reason to believe, that they will be
tortured, we should hold them ourselves, or we are complicit in
their torture.
That is our law, that is international law, and that is the treaty
we've signed.
But hey, once you've signed on to torture, what's a little
lawbreaking?
If we know, or have reason to believe, that they will be
tortured, we should hold them ourselves, or we are complicit in
their torture.
That is our law, that is international law, and that is the treaty
we've signed.
But hey, once you've signed on to torture, what's a little
lawbreaking?
The concept that the U.S. has somehow degraded its standing in
the world regarding torture is all spin. We treat prisoners better
than anyone else in the world, and prosecute those who mistreat
prisoners.
What's really rich is the idea that by extending the Geneva
Convention protections to unlawful combatants, the U.S. is somehow
taking the moral high ground and this will, in turn protect U.S.
POWs by encouraging their captors to treat them in accordance with
the Geneva Conventions.
In reality it does exactly the opposite. By extending Geneva
protections to unlawful combatants, it gives those unlawful
combatants no reason to act as lawful combatants.
The result is that it ACTUALLY serves to degrade the chances that
U.S. military personnel will be treated fairly. Why? Because the
only "guarantee" - as slight as it is - of keeping U.S. POWs from
being tortured was the idea that as long as they combatants
conducted themselves as lawful combatants and didn't torture U.S.
POWs, the U.S. would treat them as lawful combatants and provide
them the protections afforded lawful combatants under the Geneva
Conventions.
Essentially, the carrot is fair treatment and the stick is unlawful
combatant status.
The carrot is the Geneva protections afforded captured enemy lawful
combatants - those who conducted themselves in accordance with the
law of armed conflict and do not mistreat captured U.S. POWs.
The stick, denying captured enemy unlwaful combatants the
protections of Geneva, is intended to discourage combatants from
acting as unlawful combatants and mistreating U.S. POWs.
Now there is neither carrot nor stick, and the world is pointing at
the U.S. as though it has condoned torture of lawful combatants who
deserve the protections of Geneva.
It would be funny, really - the whole catch-22 that U.S. POWs and
actual lawful combatants have been put in by the crowd that thinks
the U.S. should extend protections to unlawful combatants who
clearly have no motivation to conduct themselves in accordance with
the law of armed conflict - if it weren't so sad.
The "best of intentions," ensuring that the U.S. doesn't lose its
standing as a beacon of human rights, has actually led to the exact
opposite.
Now the U.S. has neither the "beacon of human rights" standing NOR
are its enemies remotely encouraged to act in accordance with the
provisions of Geneva as lawful combatants.
The outcome has been to weaken the U.S.'s standing in the world AND
to ensure that the U.S. will face future conflicts in which there
is no motivation for enemy combatants to conduct themselves as
"lawful combatants."
It's exactly the sort of result one would expect from a successful
4th generation warfare campaign by our enemies, but we did it from
within. Amazing...
Sure, like nobody was torturing prisoners and violating
human rights when Carter was the President.
Wow, *that's* a good defense. I can certainly see how a few cases
being carried out by allies is the same as the US making laws that
affirm their right to hold foreigners forever and ship them
overseas to be tortured and then put out in the middle of nowhere.
The point isn't that they wouldn't have done it otherwise, the
point is that they now have justification when other nations try to
pressure them to stop.
Not to mention, Abdul, that we are "rendering" people not
because they have been accused of crimes in their home countries,
but because of their suspected intelligence value.
They are called "extraordinary renditions" because they are not
simple extraditions.
rob,
John McCain, Lindsey Graham, and the top military lawyers from
every single branch of the service disagree with you.
Sorry, that 4th paragraph should have read:
The result is that it ACTUALLY serves to degrade the chances that
U.S. military personnel will be treated fairly. Why? Because the
only "guarantee" - as slight as it is - of keeping U.S. POWs from
being tortured was the idea that as long as they (enemy combatants)
conducted themselves as lawful combatants and didn't torture U.S.
POWs, the U.S. would treat them as lawful combatants and provide
them the protections afforded lawful combatants under the Geneva
Conventions.
John McCain, Lindsey Graham, and the top military lawyers
from every single branch of the service disagree with
you.
So?
"unlawful combatants" a lot of times aren't...
who needs moral authority when you have the decider?
Abdul,
That's a point I was trying to make in another section of the forum
here - some people think "manipulating the air conditioning" is as
reprehensible as closing someone up in an iron maiden.
"But no one expects the Spanish Inquisition!" Sorry, had a Monty
Python moment.
"John McCain, Lindsey Graham, and the top military lawyers from
every single branch of the service disagree with you." - joe
Good for them.
They've apparently not revoked freedom of speech, yet, so I'm free
to make a principled argument voicing my disagreement with them.
(Though McCain's campaign finance reform shenanigans certainly
chipped away at the 1st.)
Any time you feel the urge to actually make a principled, civil
argument against something I've written, regarding the actual
arguments I've made, you should also feel free to do so.
But of course, you can't... You've shown repeatedly that you're
just not good enough to handle an actual toe-to-toe argument
without resorting to a bunch of rhetorical fallacies, name-calling
and other assorted dirty tricks.
But hey, you stick to what you know, right? In your case, it's
pitching a fit and calling people "trolls" after you've received a
rhetorical drubbing that would force anyone of basic intellectual
honesty to simply admit that they were wrong.
"the U.N. special investigator on torture"
Afterthought: Why are we listening to a U.N. employee? This is the
same U.N. that had Syria on their Human Rights council... why
should we believe anything that comes out of the maws of their
spokescreatures?
Lets not fool ourselves that US torture is limited to keeping the thermostat at an energy saving 68˚.
"We treat prisoners better than anyone else in the world, and
prosecute those who mistreat prisoners."
Nor military prisoners, not anymore. Virtually every other western
democracy - Canada, France, Spain, Britain - has higher standards
for their treatment than we do today. How you could even assert
such a thing after the past five years is beyond me.
"They've apparently not revoked freedom of speech, yet, so I'm free
to make a principled argument voicing my disagreement with
them."
And I am perfectly free, when forced to decide between two parties
making judgement calls about what is likely to happen, to take into
account the levels of knowledge, experience, and other factors that
are informative about each party's judgement. The people who are in
a position to know the most about what is likely to happen are
almost uniformly in disagreement with you, rob.
Your argument relies upon a series of judgement calls about how
different groups are likely to behave. Since there are no means of
objectively establishing what will happen in the future, I'm forced
to consider the judgement of those making their preditions.
Why should we value your predictions over theirs, rob?
Bitch bitch whine whine boo hoo joe said something mean.
I think you'd better switch to calling me a racist now, as
usual.
BTW, after everying we've leared about Guantanamo, Abu Ghraib, the murders at Baghram, "taking the gloves off," extraordinary renditions to countries that use electric shock, Khmer Rouge-style waterboarding and other "alternative interrogation techniques," the guy who says "we treat prisoners better than anyone else in the world" get a few points knocked off his perceived judgement.
"Nor military prisoners, not anymore. Virtually every other
western democracy - Canada, France, Spain, Britain - has higher
standards for their treatment than we do today. How you could even
assert such a thing after the past five years is beyond me." -
joe
Really? How many of those countries have held unlawful combatants
over the last 5 years?
"And I am perfectly free, when forced to decide between two parties
making judgement calls about what is likely to happen, to take into
account the levels of knowledge, experience, and other factors that
are informative about each party's judgement. The people who are in
a position to know the most about what is likely to happen are
almost uniformly in disagreement with you, rob." - joe
Still waiting for you to actually argue against the points I made,
rather than the weak rhetorical "appeal to authority" rhetorical
trick.
"Your argument relies upon a series of judgement calls about how
different groups are likely to behave. Since there are no means of
objectively establishing what will happen in the future, I'm forced
to consider the judgement of those making their preditions." -
joe
No, my argument relies on how the Geneva Conventions were written
and what they hoped to accomplish: to encourage combatants to
engage in warfare in accordance with the laws of armed conflict and
to treat captured enemy lawful combatants rather than mistreat
them.
"Why should we value your predictions over theirs, rob?" -
joe
This is what this is called, joe, go take a look:
http://www.nizkor.org/features/fallacies/appeal-to-authority.html
"Bitch bitch whine whine boo hoo joe said something mean." -
joe
Yep, how's that ad hominem argument working out for you, joe? You
use it so often, it must have won you a lot of arguments on the
elementary school playground.
"I think you'd better switch to calling me a racist now, as usual."
- joe
I just call your commentaries the way I see them. You can call me
out for being a racist the next time I pull a Desi Arnaz imitation
out when discussing a Hispanic comedian, call someone a derogatory
homosexual term ("nancy") or make a play on the word "orthodox"
that includes anti-Semetic stereotypes.
I just hope to God you don't say that kind of stuff in public, it's
liable to offend someone into filing a discrimination complaint
against you. Or punching you in the head, if they're prone to
overly emotional responses the way you are. (Ex: "Bitch bitch whine
whine boo hoo joe said something mean.")
"Nor military prisoners, not anymore. Virtually every other
western democracy - Canada, France, Spain, Britain - has higher
standards for their treatment than we do today."
That's because every other western democracy has given us the heavy
lifting on handling military prisoners. When Canada mistook a
software developer for a terrorist, they asked us to rendition him.
When we find out a guy we're holding shouldn't be held, Britain,
France, Spain or other Western Democracies with connections to him
won't take him off our hands.
By the way, I'm not convinced that France, Spain or the UK have
better policies on treating military prisoners. Maybe on paper, but
not in reality. The French record on Algerian terrorists is
spottier than ours. I would be surprised if Moroccan and Basques in
Spanish jails aren't roughed up for information, or given to people
who will rough them up for information.
Joe, I agree that the torture-friendly policies we've gotten
ourselves into are morally questionable. My problem is that all the
Pot nations have gotten together to call Kettle black.
We treat prisoners better than anyone else in the world, and
prosecute those who mistreat prisoners.
We treat prisoners "better" than the Canadians? The British? The
Dutch? The Australians? I'd appreciate a link or source for this
assertion.
By extending Geneva protections to unlawful combatants, it
gives those unlawful combatants no reason to act as lawful
combatants.
Isn't the fundamental problem that the U.S. government has
demonstrated time and time again that it can't be relied on to
accurately identify illegal combatants? Many of the "illegal
combatants" that have been imprisoned (and mistreated) for years
have turned out to be innocent. Is that just their tough luck?
Shouldn't there be procedures in place to ensure that when (not if)
we detain innocents, they won't be water boarded for their
troubles?
"Really? How many of those countries have held unlawful
combatants over the last 5 years?"
Off the top of my head, Spain has had a number of Basque terrorists
in custody for years. They don't waterboard them, rob.
"Still waiting for you to actually argue against the points I made,
rather than the weak rhetorical "appeal to authority" rhetorical
trick."
I'll choose not to repeat myself about this being a case of
judgement calls about the future, rather thans statements of fact
about what is.
"No, my argument relies on how the Geneva Conventions were written
and what they hoped to accomplish: to encourage combatants to
engage in warfare in accordance with the laws of armed conflict and
to treat captured enemy lawful combatants rather than mistreat
them."
Which isn't the area of disagreement. Your argument then goes on to
make predictions about how our behaviors are likely to effect the
behaviors of other parties in the future, requiring the reader to
decide the credibility of these predictions. Since that reader is
also confronted with a different set of predictions from
professionals in a better position to understand the issues
surrounding military mistreatment of prisoners, and since there is
no way to establish what will happen in the future through either
objective measure of rational thought (as opposed to statements
about existing phenomonena, which is what logical fallacies apply
to), the reader is compelled to decide between the two based on the
credibility of the opposing parties.
None the rest of you ad homenim bitching is worth responding
to.
Abdul,
"My problem is that all the Pot nations have gotten together to
call Kettle black."
Pots always try to call kettles black to excuse their own behavior.
The blacker the kettle is, the greater the likelihood of this
gambit working.
"[1] BTW, after everying we've leared about Guantanamo, Abu
Ghraib, the murders at Baghram, 'taking the gloves off,'
[2]extraordinary renditions to countries that use electric shock,
[3] Khmer Rouge-style waterboarding and other 'alternative
interrogation techniques,' [4] the guy who says 'we treat prisoners
better than anyone else in the world' get a few points knocked off
his perceived judgement." - joe
1.) Illegal acts conducted at Gitmo, Abu Ghraib and Bagram are
being investigated and prosecuted.
2.) What other countries do to prisoners is not the responsiblity
of the U.S.
3.) Water-boarding is the harshest "torture" example you can come
up with, because all of the other things you listed were things
that were obviously illegal actions and those accused of such
actions are being prosecuted. No one will argue that illegal abuse
is excusable, hence the prosecutions. But if you consider
"waterboarding" torture, you're blatantly lowering the definition
for what actual torture is.
4.) Actually, the guy who engages in a bunch of rhetorical nonsense
to re-define what torture is and use it to claim that the U.S. are
actually the bad guys in this, would "get a few points knocked off
his" perceived credibility. But obviously, in joe's world, if you
repeat something enough it becomes a perceived truth. ("Gore won
the popular vote but it was stolen by Bush," for example, rather
than "Gore lost the election, due to the check the electoral
college provides against the popular vote, because he lost Florida
by about 600 votes.")
"Lets not fool ourselves that US torture is limited to keeping
the thermostat at an energy saving 68˚.
True, shecky, but there are those who consider the above scenario
to BE "torture". They're usually liberals.
I can't believe the f---king whining that goes on at this site.
Most of you dorks don't have a clue what torture is. The majority
of what the press has reported as "torture" by the US military is
less than the hazing I got in college. It suites the Democrat's and
the liberal press agenda to make this a big issue. I guess most of
you still think Katrina is Bush's fault also.
We are fighting animals that hack the heads of of living men and
women and teach their children to become walking bombs to kill
other Iraqis and our solders. Grow up for God's sake.
rob,
So you really don't think that it's torture to be tied down to an
inclined board and have water poured on your face until you can't
breathe? What disqualifies this from being torture?
"The majority of what the press has reported as "torture" by the
US military is less than the hazing I got in college."
This is one of my favorite arguments. Look, just because you're
self-esteem in college was such that you allowed yourself to be
treated like crap so that you could buy some friends, it doesn't
mean that forcing pain on others isn't torture. Furthermore, you're
being asked to swim across a lake with a candle up your ass is far
different from waterboarding - which, rob, is only lowering the
standard of torture if you're starting with the ridiculous
definition supplied by the DoJ - which is both (a) forced and (b)
physically and psychologically painful.
Jesus, I thought this was a libertarian blog. Don't see much
concern for liberty.
Sorry: I actually do know the difference between "your" and "you're". Whatever. If there are other typos, they exist because I (obviously) hacked that out in about 30 seconds.
"We treat prisoners 'better' than the Canadians? The British?
The Dutch? The Australians? I'd appreciate a link or source for
this assertion."
Les, see Abdul, directly above your post, for reasoning similar to
mine. I admit that there is probably no way for either of us to
prove our point, because the other nations probably aren't really
holding unlawful combatants. I would point to the actual treatment
of the vast majority of U.S.-detained unlawful combatants and the
fact that we've extended them the protections of Geneva. (Which is
actually in VIOLATION of the principles of Geneva.) If you provide
me with a list of countries currently holding unlawful combatants,
perhaps I can start to demonstrate how U.S. treatment is better?
But a list of other Western nations isn't really the same as a list
of countries holding unlawful combatants.
"[1] Isn't the fundamental problem that the U.S. government has
demonstrated time and time again that it can't be relied on to
accurately identify illegal combatants? [2] Many of the 'illegal
combatants' that have been imprisoned (and mistreated) for years
have turned out to be innocent." - Les
1.) Certainly that is an asserted problem, but I haven't seen much
to support that assertion.
2.) A citation would be appreciated here, in support of your
point.
"Off the top of my head, Spain has had a number of Basque
terrorists in custody for years. They don't waterboard them, rob."
- joe
Apples and oranges, joe. I suspect that you know this, but I'll
explain it anyway...
The Basque are considered citizens of France and Spain,
respectively, depending on which side of the border they actually
live in. Do your research, instead of claiming that the Basques are
unlawful combatants captured by a foreign army, read enough on the
subject to realize that they were captured in the nation they are
considered to be citizens of, by the nation they are considered to
be citizens of. A better comparison of an ETA (Basque separatist)
terrorist's treatment by Spain would be to compare it how the U.S.
treated Timothy McVeigh. Like the theoretical ETA terrorist you
refer to, McVeigh was tried as citizen of the U.S. and was tried
under the protections guaranteed a U.S. citizen. Just as the
theoretical ETA terrorist would have the rights of a Spanish
citizen.
"I'll choose not to repeat myself about this being a case of
judgement calls about the future, rather thans statements of fact
about what is." - joe
Translation: I don't have the intellectual firepower to actually
argue against your points, I can only point to people who agree
with me in hopes that other people will be fooled by what is
clearly an "appeal to authority" rhetorical fallacy.
"Your argument then goes on to make predictions about how our
behaviors are likely to effect the behaviors of other parties in
the future, requiring the reader to decide the credibility of these
predictions." - joe
No, my argument simply points out the cynical nature of Geneva.
They were written by people who wanted to encourage less barbaric
treatment of noncombatants and chivalry among combatants engaged in
life and death struggle. (Hard to regulate, obviously!) They took a
very cynical approach to this, and used the only means at their
disposal to enforce such behavior: protections for lawful combatans
and reciprocity for unlawful combatants.
"Since that reader is also confronted with a different set of
predictions from professionals in a better position to understand
the issues surrounding military mistreatment of prisoners, and
since there is no way to establish what will happen in the future
through either objective measure of rational thought (as opposed to
statements about existing phenomonena, which is what logical
fallacies apply to), the reader is compelled to decide between the
two based on the credibility of the opposing parties." - joe
This is an extremely complicated way to appeal to authority, joe.
Translation: "They're the experts and experts are never wrong."
(Except we all know that this is not true, and that the subject is
hardly as cut and dried as "all the agrees with me." Gonzalez
pointed out that legally there is no requirement for Geneva
protections, and he's certainly also an expert. But repeating that
he made the legal argument for torture is a standard smear on what
was an accurate reading of LOAC.)
"None the rest of you ad homenim bitching is worth responding to."
- joe
Oh, the pot and the kettle. I reserve my ad hom attacks on you as
reciprocal, in the hopes that they will deter you from future such
offenses. Sadly, much like the Geneva Conventions can't prevent
unlawful combatants from conducting themselves unlawfully or
mistreating U.S. POWs, reciprocity is the only tool I have in my
kit to punish you with. When you conduct ad hom attacks, I
reciprocate. Perhaps you are capable of realizing why it's really
hypocritical of you to complain about ad hom attacks, but past
episodes lead me to be cynical.
What other countries do to prisoners is not the
responsiblity of the U.S.
Unless, of course, that other country is Iraq. Then regime change
for humanitarian reasons is acceptable.
"1.) Illegal acts conducted at Gitmo, Abu Ghraib and Bagram are
being investigated and prosecuted."
It isn't the torture that is outlawed that's the are problem; it's
the torture that is lawful. You know that this is the subject of
the debate, and you won't deal with it honestly.
"2.) What other countries do to prisoners is not the responsiblity
of the U.S." It is when we are sending them to those countries for
the purpose of allowing their 'security services' to gather
intelligence for us. You know this, and you refuse to discuss it
honestly.
"But if you consider "waterboarding" torture, you're blatantly
lowering the definition for what actual torture is." You've got to
be fucking kidding me.
"4.) Actually, the guy who engages in a bunch of rhetorical
nonsense to re-define what torture is and use it to claim that the
U.S. are actually the bad guys in this, would "get a few points
knocked off his" perceived credibility." I agree; the guy who
claims that it is not torture to use the the practices the Khmer
Rouge applied to make innocent people confess to treason, knowing
that death awaited them if they confessed, because they could not
physically stand the agony and horror of what was being done to
their body, really loses credibility.
John D,
When you were being hazed in college, what did they do that made
you thrash, scream, and plead for mercy because of agonizing
physical sensations that felt like you were moments away from
death?
I mean, besides drinking warm Milwaukee's Best?
rob,
"The Basque are considered citizens of France and Spain,
respectively, depending on which side of the border they actually
live in." The definition of "illegal enemy combatant" - that is,
the people subject to "alternate interrogation techniques" - does
not make any reference to nationality. American citizens can be
declared illegal enemy combatants. I suspect you don't know this,
because of your studied refusal to know things that you'd rather
not admit.
And you still won't even attempt to address the point that
predictions about the future cannot be falsified the same way as
statements of fact, and therefore, the classic fallacies do not
apply? Well, strike three, you're out.
You start off well in arguments, recycling talking points you've
found somewhere, but whenever your challended, you demonstrate a
real incapacity to honestly and effectively defend your
position.
Where are we supposed to send Jordanian nationals who are
wanted for crimes committed in their home countries? Scarsdale? Why
are we blamed for how Jordan treats their prisoners?
except when they are canadians and get sent to Syria...
"So you really don't think that it's torture to be tied down to
an inclined board and have water poured on your face until you
can't breathe? What disqualifies this from being torture?" -
Les
Nope. Worse happens during military training exercises. Actual
torture would be a couple of guys with a pair of pliers and
blowtorch. Or beating someone. Or leaving them in the snow until
frostbite takes their extremities. Or... well, you get the
idea.
Having water poured on you to make you "feel" like you might drown
is simply not torture. I personally think it's the only thing on
the list that even comes close - and even that's a stretch, because
it does no actual damage.
In a theoretical example where I'd be given the treatment of an
unlawful combatant detained by the U.S. at Gitmo or Abu Ghraib, or
the rights of a Saudi citizen accused of theft, where Saudi courts
"impose capital punishment and corporal punishment, including
amputations of hands and feet for serious robbery, and
homosexuality; floggings for lesser crimes such as 'sexual
deviance' (e.g. drunkenness)."
Again, I'd say most unlawful combatants detained by the U.S., even
those being water-boarded, are being treated better than they would
be for a similar crime in their home country. Of course, I'm not
arguing that either are RIGHT, merely that there is 1) a difference
and 2) the U.S. is the only country that would ever see this level
of squeamishness about pouring water on an unlawful
combatant.
Frankly, while my personal opinion is that water-boarding is not a
good idea, I still think it fails to rise to the level of actual
torture.
"Jesus, I thought this was a libertarian blog. Don't see much
concern for liberty." - Seth
Sorry, Seth, I don't put my principles above self-preservation.
When the two are in conflict, I see my right to survival as higher
on my personal list of priorities than protecting the liberties of
a guy who wants to see me beheaded on al-Jazeera from being
repeatedly doused with copious amounts of water. (Not even dunked,
mind you, just plain old doused.)
Face it, it's not like the guys whose liberties we are arguing over
so vehemntly would come even remotely close to returning the favor.
(Which is why I often wonder if such arguments are politically
motivated rather than ethically motivated.)
1.) Certainly that is an asserted problem, but I haven't
seen much to support that assertion.
2.) A citation would be appreciated here, in support of your
point.
Well, we've released something like 170 people from Guantanamo (you
can easily Google it) because there wasn't sufficient evidence that
they were enemy combatants.
So we know for a fact that the U.S. military has imprisoned perhaps
over a hundred innocent people in Guantanamo alone (see, I'm not
even saying that everyone they released was innocent!). That's not
even counting the secret CIA prisons. How many people at each of
those prisons is innocent? Isn't it reasonable to assume that some
are, based on what we know about the innocents who lost years of
the their lives at Guantanamo?
And since we know for a fact that the CIA considers water boarding
to be a "professional interrogation technique" (hey! just like the
Khmer Rouge!), isn't it reasonable to support procedures that would
prevent the prisoners who are innocent from being water boarded? I
think the first step might be something like making the government
prove they have an actual enemy combatant. Why would anyone
(besides a government loving leftist, I mean) trust the government
to only arrest guilty people after they've arrested so many
innocents already?
Anyone who thinks an authoritarian regime anywhere ever said
or will ever say "Gosh, we'd like to torture our dissidents, but
the US has set such a fine example with its adherence to due
process that we just can't bring ourselves to do it after all" is
completely effing delusional.
Not as delusional as anyone who thinks that our own moral failings
don't matter so long as we can point to somebody else in the world
and say "Hey, that guy's even worse!" It's like justifying the
behavior of Ted Bundy because he wasn't as bad as Henry Lee
Lucas.
I see no one seriously wants to argue the point that nobody who
is predisposed to torture their prisoners is likely to either go
forward or refrain based on whatever the fine points might be of US
policy toward certain of its detainees.
I also see that no one can come up with an example of a nation that
we have fought since the Geneva Conventions were signed that
actually adhered to said conventions with regard to US prisoners,
even when we did with regard to their prisoners.
I repeat: anyone who thinks that US nationals in Islamist hands are
going to be given due process if we suddenly up the lawyer quotient
at Guantanamo is delusional.
"Sorry, Seth, I don't put my principles above self-preservation.
When the two are in conflict, I see my right to survival as higher
on my personal list of priorities than protecting the liberties of
[the bogeyman]."
What was it someone once said? Oh, yeah: Give me liberty or give me
death.
As to the situation at hand, rob, I'm sorry that you have been so
frightened as to lose sight of reality.
Nope. Worse happens during military training exercises.
Actual torture would be a couple of guys with a pair of pliers and
blowtorch. Or beating someone. Or leaving them in the snow until
frostbite takes their extremities. Or... well, you get the
idea.
Needless to say, military training exercises are voluntary. No one
is tying you down against your will. Do you believe that torture
has to do damage to be torture?
Again, I'd say most unlawful combatants detained by the U.S.,
even those being water-boarded, are being treated better than they
would be for a similar crime in their home country. Of course, I'm
not arguing that either are RIGHT, merely that there is 1) a
difference and 2) the U.S. is the only country that would ever see
this level of squeamishness about pouring water on an unlawful
combatant.
Don't you mean "alleged" unlawful combatants?
Sorry, Seth, I don't put my principles above self-preservation.
When the two are in conflict, I see my right to survival as higher
on my personal list of priorities than protecting the liberties of
a guy who wants to see me beheaded on al-Jazeera from being
repeatedly doused with copious amounts of water. (Not even dunked,
mind you, just plain old doused.)
Why do you assume that the military pouring copious amounts of
water on an actual unlawful combatant? What has the government done
to earn such a degree of trust?
Face it, it's not like the guys whose liberties we are arguing
over so vehemntly would come even remotely close to returning the
favor.
I'm arguing for the liberties of the innocent, who we know are
regularly imprisoned by the U.S. government.
"I see no one seriously wants to argue the point that nobody who
is predisposed to torture their prisoners is likely to either go
forward or refrain based on whatever the fine points might be of US
policy toward certain of its detainees."
Try reading the thread.
"Face it, it's not like the guys whose liberties we are arguing
over so vehemntly would come even remotely close to returning the
favor."
This statement leads me to believe that you have never studied
ethics.
I repeat: anyone who thinks that US nationals in Islamist
hands are going to be given due process if we suddenly up the
lawyer quotient at Guantanamo is delusional.
Well, then, how about we up the lawyer quotient at Guantanamo
because so many innocent people have been sent there? Because it's
just the right thing to do?
Most of you dorks don't have a clue what torture
is.
Then spell it for the ignorant masses John. Never mind Abu Gharib, just pretend it was an isolated
incident. Instead, explain to the retards around here (myself
included of course) how stripping someone naked, putting a bag over
their head, refusing to let them sleep for days and running them
over and over again in to the same wall is not torture.
Rob,
"When you conduct ad hom attacks, I reciprocate. Perhaps you are
capable of realizing why it's really hypocritical of you to
complain about ad hom attacks, but past episodes lead me to be
cynical."
In the context of your interactions with joe this is just plain
funny.
On this thread the first ad hom between joe and rob goes to ...
wait for it... yep, it's rob...
"Any time you feel the urge to actually make a principled, civil
argument against something I've written, regarding the actual
arguments I've made, you should also feel free to do so.
But of course, you can't... You've shown repeatedly that you're
just not good enough to handle an actual toe-to-toe argument
without resorting to a bunch of rhetorical fallacies, name-calling
and other assorted dirty tricks. "
"It isn't the torture that is outlawed that's the are problem;
it's the torture that is lawful. You know that this is the subject
of the debate, and you won't deal with it honestly." - joe
Really joe? Which "lawful torture" would that be? If it's lawful,
it's plainly NOT torture. I'm willing to honestly argue with you,
joe, you don't have to rely on attacks on my honesty to make a
point. That's just weak.
"It is when we are sending them to those countries for the purpose
of allowing their 'security services' to gather intelligence for
us. You know this, and you refuse to discuss it honestly." -
joe
Again with the "honesty" thing? Weak, again. More rhetorical
dishonesty on your part, in fact, and quite a bit of gall to point
the finger at me. Again, what would you suggest we do with these
guys if not send them to their country of origin?
"I agree; the guy who claims that it is not torture to use the the
practices the Khmer Rouge applied to make innocent people confess
to treason, knowing that death awaited them if they confessed,
because they could not physically stand the agony and horror of
what was being done to their body, really loses credibility." -
joe
joe, your Khmer Rouge argument is specious. Because water boarding
was the LEAST of what the Khmer Rouge did to people, not the WORST.
Now THAT is intellectual dishonesty.
From the wikipedia entry on the Tuol Sleng Genocide Museum:
"The torture system at Tuol Sleng was designed to make prisoners
confess to whatever crimes their captors charged them with.
Prisoners were tortured with electric shocks, searing hot metal
instruments and hanging, as well as through the use of various
other devices. Although many prisoners died from this kind of
abuse, killing them outright was discouraged, since the Khmer Rouge
needed their confessions. The torture implements are on display in
the museum. The vast majority of prisoners were innocent of the
charges against them and their confessions produced by
torture.
After the interrogation, the prisoner and his/her family were taken
to the Choeung Ek extermination centre, fifteen kilometers from
Phnom Penh. There, they were killed by being battered with iron
bars, pickaxes, machetes and many other makeshift weapons. Victims
of the Khmer Rouge were seldom shot as bullets were viewed as too
precious for this purpose.
Out of the roughly 14,200 prisoners at the prison, there were only
seven known survivors. Only three of them are thought to be still
alive: Vann Nath, Chum Mey and Bou Meng. All three of these men
were kept alive because they had skills judged to be useful. Vann
Nath had trained as an artist and was put to work painting pictures
of Pol Pot. Many of his paintings depicting events he witnessed in
Tuol Sleng are on display in the museum. Bou Meng, whose wife was
killed in the prison, is also an artist. Chum Mey was kept alive
because of his skills in repairing machinery."
It certainly throws stark contrast upon U.S. treatment of unlawful
combatants and Khmer Rouge genocide, doesn't it? Well, maybe not in
joe's world, where genocide and torture are synonymous with pouring
water on people.
"The definition of 'illegal enemy combatant' - that is, the people
subject to 'alternate interrogation techniques' - does not make any
reference to nationality. American citizens can be declared illegal
enemy combatants. I suspect you don't know this, because of your
studied refusal to know things that you'd rather not admit." -
joe
Of course it doesn't make reference to nationality, you dolt, the
Geneva Conventions are intended to regulate conflict between
nations. The U.S. isn't allowed to treat its own citizens as
unlawful combatants because of their status as citizens. Even John
Walker Lindh and Yaser Hamdi were tried in the U.S., though they
were captured as enemy combatants.
You may have heard of Hamdi v. Rumsfeld, where "in disposition of
which the Supreme Court issued a decision on June 28, 2004,
repudiating the U.S. government's unilateral assertion of executive
authority to suspend the constitutional protections of individual
liberty of a U.S. citizen." Granted, it creeps me out that it had
to go to the Supreme Court, but there you have it,
nonetheless.
"And you still won't even attempt to address the point that
predictions about the future cannot be falsified the same way as
statements of fact, and therefore, the classic fallacies do not
apply? Well, strike three, you're out." - joe
No, I would never argue that predictions about the future are
somehow verifiable by any means other than waiting for the future
to arrive. That's your straw man fallacy characterizatoin of my
point. It's a straw man because I have not argued based on my
predictions of the future, I've argued on the language, history
(that would be the PAST) and historical context (again the PAST) of
the Geneva Conventions. You're using a straw man fallacy argument
here, because you have no means of arguing my actual points.
"You start off well in arguments, recycling talking points you've
found somewhere, but whenever your challended, you demonstrate a
real incapacity to honestly and effectively defend your position."
- joe
Wow, you can't even successfully argue with a guy who only uses
what you consider to be "talking points" without resorting to
rhetorical fallacies and dirty tricks. You sure do know how to damn
a guy with faint praise.
MSM - Actually, that's just an assessment of his usual bag of
dirty tricks. You can't act like this thread is the first thread
joe has ever posted to.
"So we know for a fact that the U.S. military has imprisoned
perhaps over a hundred innocent people in Guantanamo alone" -
Les
No, we know that over a hundred people detained as enemy combatants
have been released from detainment. It's not the same as a "not
guilty" verdict, clearly, anymore than German & Japanese
soldiers were "not guilty" because we released them.
"Needless to say, military training exercises are voluntary. No one
is tying you down against your will. Do you believe that torture
has to do damage to be torture?"
Yes. If you don't want to be detained as an enemy combatant, don't
fight in a war. If you don't want to be treated as an unlawful
enemy combatant, conduct yourself as a lawful combatant.
"Don't you mean 'alleged' unlawful combatants?"
Nope.
"Why do you assume that the military pouring copious amounts of
water on an actual unlawful combatant? What has the government done
to earn such a degree of trust?"
Sorry, that's war. Sometimes you get shot at even if you're not the
bad guy. I don't mean to be glib, but if I'm not going to argue
over the tragedy of collateral damage, I'm not going to argue over
the other potential costs of war, such as detaining people who
might be innocent. Even in a first-world country like the U.S.
where things usually go more right than wrong, the wrong people get
caught up in the prison system.
"I'm arguing for the liberties of the innocent, who we know are
regularly imprisoned by the U.S. government."
Even with full due process this happens. The world is an imperfect
place, and bad things are sometimes done to people who don't really
deserve it. I'm a really nice guy, but people have tried to mortar
the place I lived. I don't bemoan it as undeserved, it's just war.
You know that whole "war is hell" line? It's hell for innocent
civilians and noncombatants more often than it is for soldiers.
There is very little justice in any war, and that sucks, but that's
the way it is.
In this respect, arguing about what is and isn't torture is like
complaining that you prefer your shower to be warm rather than
tepid, while elsewhere you'd be beaten to death just for kicks.
It certainly throws stark contrast upon U.S. treatment of
unlawful combatants and Khmer Rouge genocide, doesn't
it?
Yeah, you can't criticize the US so long as the Khmer Rouge was
worse.
Rob,
"The U.S. isn't allowed to treat its own citizens as unlawful
combatants because of their status as citizens."
Sorry, but you need to read the text of the MCA more
carefully.
"the Act, defines an "unlawful enemy combatant" as:
`(i) a person who has engaged in hostilities or who has
purposefully and materially supported hostilities against the
United States or its co-belligerents who is not a lawful enemy
combatant (including a person who is part of the Taliban, al Qaeda,
or associated forces); or
`(ii) a person who, before, on, or after the date of the enactment
of the Military Commissions Act of 2006, has been determined to be
an unlawful enemy combatant by a Combatant Status Review Tribunal
or another competent tribunal established under the authority of
the President or the Secretary of Defense."
There is no exception for US citizens in that definition. Jose
Padilla being the most obvious example.
Rob, stop being such a bed-wetter. We can behave well and fight our enemies; we can gain the world and save our souls.
This part is not torture:
"stripping someone naked, putting a bag over their head..."
This part IS torture:
"refusing to let them sleep for days and running them over and over
again in to the same wall..."
No, we know that over a hundred people detained as enemy
combatants have been released from detainment. It's not the same as
a "not guilty" verdict, clearly, anymore than German & Japanese
soldiers were "not guilty" because we released them.
Bad analogy. We didn't release German and Japanese soldiers during
the war. Tell me, why else would the military release them, if they
were guilty of being enemy combatants?
Yes. If you don't want to be detained as an enemy combatant,
don't fight in a war. If you don't want to be treated as an
unlawful enemy combatant, conduct yourself as a lawful
combatant.
Again, you are willfully ignoring the documented cases of people
who have been imprisoned who were not conducting themselves as
enemy combatants. This is starting to feel like a debate over
creationism, where facts take a backseat to emotion and
ideology.
Sorry, that's war. Sometimes you get shot at even if you're not
the bad guy.
That's your answer to "why do you trust the government?" So, then,
during war you're obligated to ignore the lies and screw ups of
your government, shrug your shoulders and say, "That's war"? How is
this different from a leftist putting all his faith in the
government because that's what's good for us?
I don't mean to be glib, but if I'm not going to argue over the
tragedy of collateral damage, I'm not going to argue over the other
potential costs of war, such as detaining people who might be
innocent. Even in a first-world country like the U.S. where things
usually go more right than wrong, the wrong people get caught up in
the prison system.
The point being that those people have a chance to defend
themselves. They can see a lawyer and the government has to prove
its case against them.
I really don't understand your argument beyond "trust the
government, it's the best government, and it sucks to be an
innocent in wartime who's suspected (by people like me) to be an
enemy combatant."
Rob,
"MSM - Actually, that's just an assessment of his usual bag of
dirty tricks. You can't act like this thread is the first thread
joe has ever posted to."
Sorry, but that doesn't get you off the hook. You were the first to
throw out an insult in this discussion. It is not like this is the
first thread you have posted on either. If you want to pretend you
have the high ground and are only responding to joe's bad behavior,
you need to adhere to your own standards.
I have watched your posts on other threads. I would say you are as
likely to present weak arguments, unsupported facts, or ad hom
attacks in a debate as anyone else (not that there is anything
wrong with that).
This thread is about maintaining the high-ground. It is a good
idea. A position that says water-boarding is not torture fails at
the level of face validity. As I have said before, there is no
point in trying to define the fuzzy boundary of torture versus
appropriate treatment. They are starkly contrastive. As a matter of
policy, if the person with control of a prisoner needs to take even
the slightest amount of time to wonder about whether the particular
harsh treatment he is contemplating is torture or not, the default
position should be that it is and that the harsh treatment
shouldn't be continued. There is a much greater tendency to be
overly cruel than overly kind in prisons, so policy should be
designed to minimize harsh treatment. This protects not only the
prisoners, but those charged with their confinement and
interrogation.
Any appeal to the alleged acts committed by the prisoner is beyond
the scope of the argument. Policy about how prisoners are treated
has to begin with the assumption that the prisoner may be an
innocent individual. Policy about treatment must be based on how
you would treat an innocent individual accused of a crime, not how
you would treat a person convicted of a crime.
Arguments about the proper treatment of those convicted of a crime
are another matter entirely.
Rob, stop being such a bed-wetter. We can behave well and
fight our enemies; we can gain the world and save our
souls.
Apostate Jew,
That's beautiful, except for the part about Rob wetting his
bed.
How appropriate that the day of a thread about Ollie North, another
thread reminds me of the Iran-Contra hearings. When Ollie was
testifying, I recall someone telling him that while he (North)
seemed to think the ends justified the means, that this is America,
we are all about the means.
"What happened to this prisoner?"
"Honest Sarge, we just set the thermostat to 68 degrees and left
him here. When we came back this morning his legs were crushed and
he was dead."
"Well, rule it natural causes and move on"
R C Dean:
This thread got big fast, so I'm responding to you before I go back
and read the comments I haven't already.
I not in the least bit effing delusional, I don't expect barbarians
to follow our example and suddenly change their ways and become
civilized. How other countries treat their prisoners, or our POW's,
is irrelevant to how we, the most civilized nation on earth, shoud
treat prisoners. We aren't supposed to run our prisons by the rest
of the world's standards, we are morally obligated to set the
standard, and set it high. If every other country in the world is
torturing and terrorizing their prisoners,it's still wrong, and we
should not do it.
All you people who think we should degrade and dehumanize prisoners
we don't like, well, I think you're the barbarians. I'll bet not
one single one of you pro-torture libertarians ever did time, ever
had to deal with being locked up in a cage and find yourself at the
mercy of scumbag jailers. Incarceration is living hell, torturing
and abusing human beings isn't something that should be applauded
by libertarians.
Libertarians Unite, take and hold the Moral Highground, it's our
responsibility as defenders of the priciples of Freedom.
And i see where that VINCENTI FOX FREAK wants to complain about the border fence when his own country has a very poor record on human rights SHUT YOUR MOUTH YOU BANDITO
RC Dean,
"I see no one seriously wants to argue the point that nobody who is
predisposed to torture their prisoners is likely to either go
forward or refrain based on whatever the fine points might be of US
policy toward certain of its detainees."
I brought up the Soviets bloc earlier, but you whiffed.
"I also see that no one can come up with an example of a nation
that we have fought since the Geneva Conventions were signed that
actually adhered to said conventions with regard to US prisoners,
even when we did with regard to their prisoners."
Oddly enough, the Nazis. The POW camps in which they held American
and British prisoners conformed to Geneva. There are documented
cases of high-level Luftwaffe officers touring camps in which
captured Allied pilots were held, and demanding (and achieving)
improvements in their treatment.
Also, RC, I'll point out to you that small-unit and intelligence
actions against Al Qaeda cells is the not the last war we're going
to fight. If we can spend $300 billion annually to prepare for our
military to fight a war against that of other states, shouldn't we
remain just as ready to defend our prisoners' in the same
eventuality?
rob saved me a lot of time.
I don't understand how we're responsible for the treatment of
Jordanian citizens we return to Jordan, but we're not responsible
for the Jordanian citizens who are already under the control of
Jordan's government.
I guess I do understand. The fundamental argument about the Iraq
war is whether or not we are responsible for those things we allow
(Hussein's oppression, Iran's bomb) as well as those things we do
(bomb Iraq, return Jordanians to Jordan).
It's certainly a simpler view to look at only our direct actions,
but I thought the whole hippy enlightenment was about looking at
long term, downstream effects. What's the name of my toilet
cleaner? Seventh Generation?
Mainstream Man,
Thank you for noticing.
Everyone else, I know reading rob's venomous diatribes is
unpleasant, but please take a moment to think about this statement
for a moment:
"If it's lawful, it's plainly NOT torture."
I'm just going to give that a minute to sink in.
Jennifer,
"Yeah, you can't criticize the US so long as the Khmer Rouge was
worse."
Actually, rob's argument is "You can't criticize the US so long as
some of what the Khmer Rouge did was worse."
bubba,
When we take a person into custody, interrogate him, decide we're
not getting enough information, put him on an airplane, fly the
airplane to the other side of the planet, hand him to Jordanian
secret police, tell them he is a terrorist and we want information
from him, and cover up the whole thing, we are not "allowing" his
torture to happen. We are accessories to, if not participants in,
that torture.
If I break your car's window, but let someone else hotwire it and
drive away, I'm still a car thief.
Nope. Worse happens during military training
exercises.
Really? People die in military training exercises? Because I gotta tell you, the fact that at least
a dozen people have died in custody and had their deaths ruled
homicides gives lie to your claim that things aren't that bad.
I don't understand how we're responsible for the treatment
of Jordanian citizens we return to Jordan
For the same reason you are responsible for the death of a man whom
you lock in a cage with a hungry tiger. Saying "the tiger killed
him, not me" doesn't cut it.
"We can behave well and fight our enemies; we can gain the world
and save our souls." - Apostate Jew
Yep, I agree. The difference is in where you place the threshold
for damnation. I think water-boarding is right at the line but not
over it. I still don't think it's a GOOD idea, but it's not
actually torture.
"Everyone else, I know reading rob's venomous diatribes is
unpleasant" - joe
Yeah, it's tough when someone else's arguments are based in logic
and fact and you have to resort to personal attack.
"Sorry, but that doesn't get you off the hook. You were the first
to throw out an insult in this discussion. It is not like this is
the first thread you have posted on either. If you want to pretend
you have the high ground and are only responding to joe's bad
behavior, you need to adhere to your own standards." - MSM
Look, I hardly find it blameworthy to go from one thread, where joe
is screeching insults at me to pointing out that he does so in
another thread.
"I have watched your posts on other threads. I would say you are as
likely to present weak arguments, unsupported facts, or ad hom
attacks in a debate as anyone else (not that there is anything
wrong with that)." - MSM
No, you've disagreed with me on other threads. that makes it fairly
obvious where your sympathies lie.
"This thread is about maintaning the high-ground. It is a good
idea." - MSM
Agreed.
"A position that says water-boarding is not torture fails at the
level of face validity." - MSM
Really? Perhaps you could explain how something that causes no
actual damage, such as pouring water on people, is the same as
gonig after someone with a pair of pliers and a blow torch.
"As I have said before, there is no point in trying to define the
fuzzy boundary of torture versus appropriate treatment. They are
starkly contrastive." - MSM
You mean sharp contrast like comparing the U.S. with the Khmer
Rouge? Yeah, I'd say that water-boarding was the warm-up to actual
torture for those guys.
"As a matter of policy, if the person with control of a prisoner
needs to take even the slightest amount of time to wonder about
whether the particular harsh treatment he is contemplating is
torture or not, the default position should be that it is and that
the harsh treatment shouldn't be continued." - MSM
Right... Now explain how to codify a prison guard's level of
contemplation so that it can be used as a legal standard. Please.
Something is either torture or it's not. Pouring water on people?
Not torture. (Not a GOOD idea, but not torture.) Pliers, blowtorch
and electrical current? Torture. Pretty easy, and it's a fairly
obvious and bright line.
"There is a much greater tendency to be overly cruel than overly
kind in prisons, so policy should be designed to minimize harsh
treatment." - MSM
Agreed.
"This protects not only the prisoners, but those charged with their
confinement and interrogation." - MSM
Agreed.
"Any appeal to the alleged acts committed by the prisoner is beyond
the scope of the argument." - MSM
Not if their acts were used to determine their status as a
prisoner.
"Policy about how prisoners are treated has to begin with the
assumption that the prisoner may be an innocent individual." -
MSM
Not in war-time.
"Policy about treatment must be based on how you would treat an
innocent individual accused of a crime, not how you would treat a
person convicted of a crime." - MSM
No, it's based on how you would treat a person captured in a combat
zone.
"Arguments about the proper treatment of those convicted of a crime
are another matter entirely." - MSM
Yeah, because one is for civilian criminals and one is for enemy
combatants.
Thanks for coming out, but I think it's obvious where your line of
argument falls apart. You know, anywhere I responded with more than
"Agreed."
"[1] All you people who think we should degrade and dehumanize
prisoners we don't like, well, I think you're the barbarians. [2]
I'll bet not one single one of you pro-torture libertarians ever
did time, ever had to deal with being locked up in a cage and find
yourself at the mercy of scumbag jailers. [3] Incarceration is
living hell, torturing and abusing human beings isn't something
that should be applauded by libertarians" - Buckshot
1) There's a big difference between arguing that waterboarding does
not rise to the level of torture and advocating actual
torture.
2) Nope, can't say that I have. But what I can tell you is that
what we allow to happen in U.S. prisons amongst prisoners certainly
qualifies as torture, in my opinion. I would point out that while I
believe my definition of torture is fairly standard, it does not
include pouring water on people. It does include allowing prisoners
to assault one another, etc.
3) Agreed. Frankly, I think that U.S. civilian prisoners have it
worse than Gitmo detainees. Particularly in comparing how few
detainees face actual assault, rape or murder. Not that bad things
don't happen when you let someone like the idiots at Abu Ghraib's
night shift loose without proper leadership, but if I were a
betting man, I'd bet that the incidence of horrendous things
happening to people is higher in the U.S. penal system than in the
U.S. detainee system. Plenty of those folks are innocent as well,
but you don't see joe and MSM and their crew talking about how
important the Innocence Project is.
http://www.innocenceproject.org/
That's because there isn't as much partisan political hay to be
made. But just ask joe, this is "all about those poor, innocent
detainees, wrongfully held and 'horribly' tortured (if you accept a
wildly different definition of torture than commonly used)."
Oooh, ooh, ooh, can I be the first:
Plenty of those folks are innocent as well, but you don't see
joe and MSM and their crew talking about how important the
Innocence Project is. http://www.innocenceproject.org/
Great link, but...aw, nuts! It ain't even worth it. Everyone
reading this knows what I was about to say. (Almost everyone)
Rob,
Does someone who picks up a weapon to defend their nation when
their country is invaded, who is not part of the national army, a
unlawful combatant?
Perhaps you could explain how something that causes no actual damage, such as pouring water on people
Not in war-time.
rob, since the war on terror will never, ever, ever end, are all
detained suspects to be considered guilty?
Considering that the Army itself reported that 70-90% of the
prisoners at Abu Ghraib were innocent at the time of the torture
there (does getting fucked with glow sticks count as torture if no
damage is done to the rectum?), was it right for the soldiers there
to assume everyone there was guilty?
Also, do you believe there is such a thing as psychological
torture?
Rob:
I agree with you that how we treat prisoners in our penitentiaries
is often inhumane. Thanks to the War on Drugs our penal
institutions are staffed by too many unqualified personnel and are
overflowing faster than we can build new ones, and I don't see a
light at the end of that tunnel. Our penal system, especially in
California, is overdue for an overhaul. That doesn't justify
mistreating alien prisoners.
I've never been water-boarded but I've seen the video and it sure
looks like torture to me. Might I suggest you volunteer for the
procedure and then get back to me? Throw a beer bash for some
friends and highlight the event with a "Let's take turns Water
Boarding Rob" Finale. Hell, invite all your friends here at
H&R.
I never heard of Innocence Project, I'll check it out.
"When we take a person into custody, interrogate him, decide
we're not getting enough information, put him on an airplane, fly
the airplane to the other side of the planet, hand him to Jordanian
secret police, tell them he is a terrorist and we want information
from him, and cover up the whole thing, we are not 'allowing' his
torture to happen." - joe
You should have stopped right there. That's because that's where
you stop being right. The U.S. is NOT 1) allowing torture to
happen; 2) participating in torture, or 3) accessories to torture.
The U.S. is extraditing a suspected criminal who doesn't have the
legal right to reside in the U.S. What happens to him in his own
country is between him and his country of origin.
"If I break your car's window, but let someone else hotwire it and
drive away, I'm still a car thief." - joe
Uh, technically, you're a vandal, not a car thief. But what if you
are the UPS guy who delivers divorce papers to someone who wishes
to remain married to their spouse? Are you complicit in allowing
people to get divorced? Obviously not. Are you participating in
divorce? Obviously not. Are you an accessory to divorce? Obviously
not.
Wow, that was an amazingly bad analogy, joe.
"Really? People die in military training exercises?" - Shem
Yeah, actually they do. Even in plain old boot camp. Even in AIR
FORCE boot camp.
"Because I gotta tell you, the fact that at least a dozen people
have died in custody and had their deaths ruled homicides gives lie
to your claim that things aren't that bad." - Shem
I'm not claiming that people beaten to death weren't tortured,
Shem. I'm not arguing that those responsible should not be punished
for torturing and killing the 9 people in the article you cite, if
that's what actually happened. That's obviously the same position
that Dept of Defense, State and Justice take.
My argument is not pro-torture, Shem. My argument is that
water-boarding, the roughest of the approved interrogation tactics,
is not actually torture. I think that claims that water-boarding is
torture, when compared to people actually being tortured by
unsupervised idiots, is obviously wrong.
All prison systems have bad people working in them, just like every
other profession. The difference is that they have greater
opportunity to do evil because of the power they have over other
people - just like all people in authority have.
For example: Dennis Rader was a former Air Force enlistee, Coleman
camping gear assembler, home alarm system salesman and installer,
census field operations supervisor for the Wichita area, a
supervisor of the Compliance Department at Park City (animal
control, housing problems, zoning, general permit enforcement and a
variety of nuisance cases), a served on both the Sedgwick County's
Board of Zoning Appeals and the Animal Control Advisory Board, was
a member of a Lutheran church where he had been elected president
of the Congregation Council AND a Cub Scout leader.
Do you think any of those organizations were pleased to find out
that Rader was the BTK killer?
No.
Were any of those organizations responsible for his torturing and
killing people?
Obviously not.
Were all of those organizations glad to see him justly
prosecuted?
Obviously.
The only difference in the 10 deaths you're referring to is that
those responsible for those 10 deaths were in a position of
authority that enabled their actions. That's terrible, but you
can't hold entire departments of the gov't responsible for the
crimes of individuals.
Rob
"Really? Perhaps you could explain how something that causes no
actual damage, such as pouring water on people, is the same as
gonig after someone with a pair of pliers and a blow torch."
They are both inappropriate ways to treat a potentially innocent
prisoner.
"Now explain how to codify a prison guard's level of contemplation
so that it can be used as a legal standard."
Force or coercion can only be used in these cases:
1) self-defense or defense of another prison employee or prisoner
(to stop a suicide? Yeah probably--define prison and prison
employee in whatever way you want).
2) refusal by prisoner to cooperate with requests necessary for the
operation of the prison (transportation from point a to point b,
"come with me," "clean yourself up," "put on this uniform" ...
things like that... refusal to answer questions would not be
included).
3) Attempts to escape.
Force or coercion can only be used to put the prisoner in a
location where he is no longer interferring with prison operations
or endangering others or themselves. Confining them will be enough
for that in most cases.
"Not if their acts were used to determine their status as a
prisoner."
You missed out on the part where the veridicality of those acts has
yet to be determined until they have had due processes.
"Not in war-time...it's based on how you would treat a person
captured in a combat zone."
See, this is where you lose the high ground. I can capture
innocents in a combat zone. I need a way to determine who is good
and bad, but don't have time to discriminate right now. So I will
lump them all together, treat them all like they are innocent, and
use due process later to figure out who is who. Confine them, get
them out of the way, make sure they do not pose a danger, but
assume they are guilty? I don't think that is the right
approach.
"No, you've disagreed with me on other threads. that makes it
fairly obvious where your sympathies lie."
What? Because I have disagreed with you means that you are not "as
likely to present weak arguments, unsupported facts, or ad hom
attacks in a debate as anyone else?"
Wow.
"Does someone who picks up a weapon to defend their nation when
their country is invaded, who is not part of the national army, a
unlawful combatant?" - TrickyVic
Depends on how they conduct themselves, and whether their conduct
is in keeping with lawful or unlawful status. Sorry, but given how
vague your example is, I can't give you a defnitive answer. This
might help regarding your question:
http://en.wikisource.org/wiki/Third_Geneva_Convention#Article_4
It lays out pretty exactingly those who are considered "lawful
combatants." it sounds to me like you're referring to the 3rd
Geneva Convention, Article 4, 1.6: "Inhabitants of a non-occupied
territory, who on the approach of the enemy spontaneously take up
arms to resist the invading forces, without having had time to form
themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war."
"Waterboarding is a bit more than merely 'pouring water on people.'
Anyway, after World War Two we prosecuted a Japanese officer for a
war crime after he waterboarded an American. So I'm guessing you
think we were wrong to prosecute him back then?" - Jennifer
Waterboarding was not the full extent of Yukio Asano's war crimes,
which also included "1. Did willfully and unlawfully mistreat and
torture PWs... Specifications: beating using hands, fists, club;
kicking; water torture; burning using cigarettes; strapping on a
stretcher head downward..."
http://socrates.berkeley.edu/~warcrime/Japan/Yokohama/Reviews/Yokohama_Review_Asano.htm
Like I said, I think it's a BAD idea, but I don't think it rises to
the level of actual torture. If you start actually suffocating
someone, then that's torture.
"Considering that the Army itself reported that 70-90% of the
prisoners at Abu Ghraib were innocent at the time of the torture
there (does getting fucked with glow sticks count as torture if no
damage is done to the rectum?), was it right for the soldiers there
to assume everyone there was guilty?" - Les
I must have missed that. Could you provide a link? However,
everything done to the folks at Abu Ghraib was illegal, whether it
rose to the level of torture or not, because those held at Abu
Ghraib were 1) considered lawful combatants and 2) those idiots
weren't torturing people for information but because they got their
kicks from it.
"Also, do you believe there is such a thing as psychological
torture?" - Les
I don't think there's a way to determine exactly how one person's
actions will affect another, no. To me, it is "torturous" to sit
through another round of "re-defining reality to suit my partisan
political agenda" with joe and company.
However, that doesn't make it ACTUAL torture.
Waterboarding was not the full extent of Yukio Asano's war
crimes
Nonetheless, you don't think waterboarding should have been added
to the list of charges against him, right?
"They are both inappropriate ways to treat a potentially
innocent prisoner." - MSM
I'd tend to agree, but that still doesn't make water-boarding
torture. There's "inappropriate ways to treat" prisoners and then
there's "torture." They are obviously not the same thing.
I said: "Now explain how to codify a prison guard's level of
contemplation so that it can be used as a legal standard."
You said: "Force or coercion can only be used in these cases: 1)
self-defense or defense of another prison employee or prisoner (to
stop a suicide? Yeah probably--define prison and prison employee in
whatever way you want).
2) refusal by prisoner to cooperate with requests necessary for the
operation of the prison (transportation from point a to point b,
'come with me,' 'clean yourself up,' 'put on this uniform' ...
things like that... refusal to answer questions would not be
included).
3) Attempts to escape.
Force or coercion can only be used to put the prisoner in a
location where he is no longer interferring with prison operations
or endangering others or themselves. Confining them will be enough
for that in most cases."
To me, that sounds like a policy for limiting force and coercion.
But that's not an answer to my question. My question was "explain
how to codify a prison guard's level of contemplation so that it
can be used as a legal standard."
There's nothing in your litany on the use of force regarding how to
determine, based on the guard's state of mind, whether what the
guard is doing is torture or not.
Your statement, which I was questioning, was "As a matter of
policy, if the person with control of a prisoner needs to take even
the slightest amount of time to wonder about whether the particular
harsh treatment he is contemplating is torture or not, the default
position should be that it is and that the harsh treatment
shouldn't be continued."
That's one heck of a wobbly, subjective, and unwieldy definition of
torture based on the state of mind of a prison guard. Frankly, I
don't think I'd appreciate it if the guard could claim he didn't
CONTEMPLATE that beating me with a billy club until I landed in the
intensive care unit as a defense. Torture is either torture or it's
not, and it's a bright line that has nothing to do with the guard's
level of contemplation.
"You missed out on the part where the veridicality of those acts
has yet to be determined until they have had due processes."
No, I didn't miss that part. But you can't call witnesses for the
prosecution from the battlefield.
"See, this is where you lose the high ground. I can capture
innocents in a combat zone." - MSM
No, you really shouldn't capture noncombatants.
"I need a way to determine who is good and bad, but don't have time
to discriminate right now." - MSM
But somehow, off the battlefield, this will become clearer? When
those who fought against unlawful combatants have been killed by
other unlawful combatants? Or can't be subpoenaed because they are
fighting in further battles?
"So I will lump them all together, treat them all like they are
innocent, and use due process later to figure out who is who." -
MSM
No, you'll treat them as POWs if they are lawful combatants and not
accord them those protections if they are unlawful
combatants.
"Confine them, get them out of the way, make sure they do not pose
a danger, but assume they are guilty? I don't think that is the
right approach." - MSM
Sorry, but I don't see your proposed approach as being any more
workable.
"What? Because I have disagreed with you means that you are not 'as
likely to present weak arguments, unsupported facts, or ad hom
attacks in a debate as anyone else?'"
No, it means you are more likely to claim that I'm guilty of those
things because you already disagree with me. It means that your
assessment is suspect.
I think it's fair to say that if you were being unbiased about it,
you'd have to admit that my pointing out someone else's tendency to
go "ad hom" is not an ad hom attack in and of itself. Neither is
challenging that person to a fair and rational argument, asking
them to refrain from resorting to their standard bag of logical
fallacies and dirty trick an "ad hom argument."
Here's an analogy:
Would you claim that Evander Holyfield conducted an "ad hom"
argument that Mike Tyson cheated when Tyson bit Holyfield's ear
off?
No.
Would you call it an ad hom argument if he challenged Tyson to a
fair fight with no ear biting like he did the last time? No.
How is my pointing out joe's logical fallacies and his tendency to
go for personal attacks when he's been rhetorically hammered - like
Holyfield hammered Tyson - an ad hom attack?
Jennifer,
You seem to have missed the bit where I said "I think it's a BAD
idea, but I don't think it rises to the level of actual torture. If
you start actually suffocating someone, then that's torture."
Rob,
"My question was "explain how to codify a prison guard's level of
contemplation so that it can be used as a legal standard."
You wouldn't. You would define policies around when and where force
and coercion are allowed (and how it is conducted) so that the
guard's contemplation involves whether or not this is a situation
where force or coercion applies. Notice that interrogation is not
one of those situations. Notice also that force is limited to
moving the person to an area for confinement, not for getting
compliance. Torture occurs in interrogations and when using force
to get compliance.
"No, you'll treat them as POWs if they are lawful combatants and
not accord them those protections if they are unlawful
combatants."
No I will treat them all the same. See this is where we disagree. I
am also unclear as to where this "battlefield" you are referring to
is located? In the case of Jose Padilla, I believe it was customs
at a US airport.
"It means that your assessment is suspect."
Is it more suspect than your own assessment of your own behavior? I
am going to bet you are more biased towards yourself than I am
biased against you (given that I don't think you are any worse
about these things than anyone else around here... notice I said
you were "as likely" not "more likely.")
Example: here is how you characterize your behavior...
"my pointing out someone else's tendency to go "ad hom" is not an
ad hom attack in and of itself. Neither is challenging that person
to a fair and rational argument, asking them to refrain from
resorting to their standard bag of logical fallacies and dirty
trick an "ad hom argument."
I wonder if you really think that is a fair assessment of
this...
"But of course, you can't... You've shown repeatedly that you're
just not good enough to handle an actual toe-to-toe argument
without resorting to a bunch of rhetorical fallacies, name-calling
and other assorted dirty tricks.
But hey, you stick to what you know, right? In your case, it's
pitching a fit and calling people "trolls" after you've received a
rhetorical drubbing that would force anyone of basic intellectual
honesty to simply admit that they were wrong."
I said
"Torture occurs in interrogations and when using force to get
compliance."
I am sure that rob will point out that it can occur in other
situations as well. If you define the situations where force is
allowed, and train your staff well enough, you will minimize abuses
since others can determine if the situation warranted force based
on a tight behavioral definition (they were not confining the
prisoner, he was not resisting being moved to confinement,
etc...).
As for the contemplation piece in my "as a matter of policy"
statement this would be how you train the guards... "If you think
you might be using excessive force, you probably are...stop...if
you think someone else is using excessive force, they probably
are...intervene."
So you really don't think that it's torture to be tied down
to an inclined board and have water poured on your face until you
can't breathe? What disqualifies this from being torture? -
Les
Nope. Worse happens during military training exercises. Actual
torture would be a couple of guys with a pair of pliers and
blowtorch. Or beating someone. Or leaving them in the snow until
frostbite takes their extremities. Or... well, you get the
idea.
So the government grabs your kid off the street, declares him/her
to be an illegal combatant, and waterboards him/her for a couple of
hours, you would say he/she is not being tortured? Would you watch
and say it was no big deal? That you indured worse in college? If
it was my kid I would grab a rifle and become a true illegal
combatant!
And finally,
"See, this is where you lose the high ground. I can capture
innocents in a combat zone." - MSM
No, you really shouldn't capture noncombatants"-rob
No I shouldn't, but it CAN happen(I should have said, "might
unintentionally capture innocents"). I would assume that it DOES
happen. I would assume that decisions made on the battlefield are
not more accurate than those made in less stressful situations, but
probably less likely to be accurate. The assumption with prisoners
is that they are, possibly, dangerous, but possibly innocent.
Confine them to limit their ability to be dangerous. Once confined
treat them as if they might be innocent.
Rob,
Of course if the waterboarding doesn't get your kid to give the
answers the government needs they will be sent to Jordan. They will
ask them the questions using blow torches. I bet they will give
whatever answers the government wants then.
Okay,
This one really is final...
"There's "inappropriate ways to treat" prisoners and then there's
"torture." They are obviously not the same thing."
True, they are not the same thing, but you avoid one by prohibiting
the other. Setting the bar very low for inappropriate keeps the
line between appropriate and torture easy to spot...it even gives
you lots of wiggle room to stop the inappropriate behavior before
it gets to the level of torture.
You want that line to be very thin (water boarding is okay, but
only if the prisoner is not suffocating...as long as he just thinks
he is suffocating you can do it...operationalize that one for
me...what behavioral signs will you use to distinguish between
suffocating and acting like he thinks he is suffocating?).
This is bad policy.
If you disagree with this, I must assume that you lack the "basic
intellectual honesty to simply admit" that your position is
incorrect.
Or maybe it is me that is wrong.
It may be important to make fine-grained determinations between one
species of inappropriate behavior and another...I just can't
imagine how it provides us with a benefit. I see lots of problems
it can cause, but no benefits.
That might be the result of my own shortcomings.
You have not, however, provided me with any strong arguments to
make me think it is my reasoning that is flawed. I am, however,
very fond of myself. My assessment may be suspect.
Nice talking to ya.
C'mon, Bobster, the kid deserves it; he's plainly guilty as hell. If he was innocent, he wouldn't be head down on the special examination table. With wires dangling from his rectum.
"...worse happens during military training exercises..."
After 21 years of military service I can say that not only has no
one ever tied me up and poured water over my face to make me think
I was drowning but that nothing I have experienced in the Army has
even come close to that.
Maybe they do stupid shit like that in the infantry, but not in the
cavalry.
The "it's like hazing or Army training only not as bad" argument
for torture makes me deeply ashamed of the mendacity of some of our
leadership.
You seem to have missed the bit where I said "I think it's a
BAD idea, but I don't think it rises to the level of actual
torture. If you start actually suffocating someone, then that's
torture."
Rob, all I want is a "yes" or "no" answer--in 1947, did the United
States make a mistake when it added "waterboarding" to the list of
war crimes for which it prosecuted a Japanese officer?
"""""Does someone who picks up a weapon to defend their nation
when their country is invaded, who is not part of the national
army, a unlawful combatant?" - TrickyVic
Depends on how they conduct themselves, and whether their conduct
is in keeping with lawful or unlawful status. Sorry, but given how
vague your example is, I can't give you a defnitive answer. This
might help regarding your question:
http://en.wikisource.org/wiki/Third_Geneva_Convention#Article_4"""""
It�s good you recognize an individual right to defend their country
on their own. I already know what the GC would say. I wanted to
hear your opinion. It�s what I�ve come to call the �Armed Texan�
test. Your answer is that it depends on if the armed Texan acts
lawful. I could agree with that but there is a small problem.
Who decides what is lawful or unlawful? Is it the attacking country
or the defending country? If Iran passed a law saying any American
interference is a war crime, are we guilty if we interfere? Could
Iran then be free of GC obligations because our troops would be
consider unlawful combatants by Iranian law? It almost sounds
silly.
So it is natural that laws of war be defined by an international
body, not individual nations. So what gives us the right to
reinterpret GC standards? We don�t. If we were ever held to account
by the international body, a �US law says otherwise� defense would
not fly. So why kid ourselves.
Some in Gitmo, by the administrations own statements are guilty of
taking up arms against the US on the battlefield. I�m guessing by
your answer, that IF that�s all they did, and they are an Afghan
citizen, you would agree they are lawful combatants, and GC
protections apply under Article 4. I believe this is case for some
in Gitmo and I think SCOTUS considered this in their ruling.
However the Bush administration, and now Congress disagrees and the
new law fails the Armed Texan test.
I don�t buy the �if they don�t follow the rules then we don�t have
to follow the rules� philosophy many apply when discussing the GC.
Someone breaking the rules does not give anyone else the right to
break them. Not only is it illogical, it�s morally bankrupt. If it
were true, rules would become meaningless, laws would become
useless.
"""Jennifer,
You seem to have missed the bit where I said "I think it's a BAD
idea, but I don't think it rises to the level of actual torture. If
you start actually suffocating someone, then that's
torture."""""
Is not the purpose of waterboard to induce the suffocating effect
to make someone believe they dying? If you suffocate someone till
death that's murder.
Being that torture is less than murder, how can suffocation to the
point of near death NOT be torture by your own statment?
"""...worse happens during military training exercises..."
After 21 years of military service I can say that not only has no
one ever tied me up and poured water over my face to make me think
I was drowning but that nothing I have experienced in the Army has
even come close to that.
Maybe they do stupid shit like that in the infantry, but not in the
cavalry.
The "it's like hazing or Army training only not as bad" argument
for torture makes me deeply ashamed of the mendacity of some of our
leadership"""""""
I agree Trooper.
I went through Marine Corps boot camp in 1981 and Infantry Training
School after that. At NO POINT did anything come close to a
reasonable definition of torture. I really want to say the gas
chamber but the trip was short. Sure both the physical and mental
elements were tough but I was never waterboarded, forced to do a
naked pyramid, beaten within an inch of my life, or placed into a
situation where I believe I was dying.
I think it�s disrespectful to claim the military tortures its
recruits.
I noticed someone had mentioned deaths in military training. It
should be noted that every training death is considered a tragedy,
regrettable, and a bad event to happen.
As someone who has taken more than my fair share of abuse from
rob, it is good to know that so many other people hold him, his
ethics, his knowledge, and his debating skills in the same contempt
that I do.
I don't give a shit if you whine about my being a racist, rob,
because you clearly lack sufficient judgement and decency for your
opinion to matter.
I think the torture/water boarding and the detaining of people
at Gitmo who may or may not be enemy combatants are two different
things.
I want no part of the former, put the latter to an extent is just
the costs of doing business when fighting a war against a guerilla
force. Snatch up everybody for whom there is at least some evidence
they are a combatant and then sort it out while they remain in your
custody.
Treat them reasonably well, don't torture them and let 'em go if
you're sure they aren't combatants, but otherwise they get to go
home as soon as the Taliban surrenders and no sooner.
Thing is with someone like Padilla is what the government _ought_
to do, is worse for him than what it's currently doing. It would be
better for everybody else, but worse for him.
The United Nations is full of hypocrites.
Thank goodness "Reason magazine" had their number one hypocrite on
the story, Ron Bailey.
It takes one to know one.
Ron you fucking coward.
Oh, Ron. I love you, Ron. For the longest time now I've adored
you from afar, hoping against hope that one day your eyes would
open and you'd see me in the same light I see you.
But no! You don't! Callous bastard, leaning on whiny excuses like
"I'm married" or "I'm a heterosexual" to explain why you continue
to ignore me.
Fine. If you won't love me then I'll make you hate me. Just so long
as you don't ignore me. One day I'll meet you in person. And our
eyes will lock, and you'll know who I am, and become enraged by the
way I've harassed you. As fury possesses you you'll reach out and
crush me within your strong arms, and say "If you think I'm a
hypocrite regarding the ACLU that's nothing compared to how much of
a hypocrite I can be regarding my marriage vows." And you'll throw
me down on the bed, and expend your pent-up fury by . . . well, I
don't want to spoil the surprise here.
I'm waiting, my love.
I mean, fuck you, you hypocritical piece of shit.
joe,
"it is good to know that so many other people hold him, his ethics,
his knowledge, and his debating skills in the same contempt that I
do."
Don't misread what went on in this thread.
I have no contempt for rob, I respect his knowledge if not his
position on this issue. I can't even imagine holding someone's
debating skills in contempt.
Isn't the most civilized country in the world China? Or maybe Egypt? Where else has there been civilization for a longer time? India?
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